Robert Garrett Caldwell v. United States

Good Law
405 F.2d 613
United States Court of Appeals for the Ninth CircuitFebruary 14, 196923035_1California1,236 words

Opinion

Opinion

Hamlin, J.

Robert Garrett Caldwell, appellant herein, was convicted after a jury trial in the United States District Court for the Eastern District of California of a violation of 18 U.S.C. § 2113 (c) (possession of stolen money with knowledge that it was stolen). He filed a timely appeal to this court, which has jurisdiction under 28 U.S.C. § 1291 et seq.

Appellant urges two grounds for the reversal of his conviction: (1) The facts presented to the jury are insufficient as a matter of law to support a guilty verdict; and (2) It was reversible error for the court not to instruct the jury on the character of testimony given by accomplices. We find no merit in either of these contentions, and we therefore affirm appellant’s conviction.

In determining whether there are sufficient facts to justify the verdict of guilty, such verdict must be sustained if there is substantial evidence taken in the view most favorable to the government to support it. Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942). Viewed in this light, we shall set out the main facts shown in the testimony.

One Jeffrey Goodloe and Jimmie Dean Garrett, a brother of the appellant, were participants…

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